Thurman J. Riggan Joseph J. Wester v. City of Saint Paul Saint Paul Island Alaska

53 F.3d 339 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thurman J. RIGGAN; Joseph J. Wester, Plaintiffs-Appellants, v. CITY OF SAINT PAUL; SAINT PAUL ISLAND; ALASKA, Defendants-Appellees. No. 94-35169. United States Court of Appeals, Ninth Circuit. Submitted March 9, 1995. * Decided April 28, 1995. Before: PREGERSON, KOZINSKI and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 The employment contract that Riggan and Wester ("R & W") each made with the city provides that the "Agreement is made and shall be construed and performed under the laws of the State of Alaska. Venue shall be in the Superior Court for the State of Alaska, Third Judicial District at Anchorage." ER 31, 39. R & W argue that this forum selection clause doesn't govern their dispute because it appears in a section of the agreement entitled "Construction of Agreement." However, the agreement specifically provides that "the captions and heading ... are not to be used to interpret or define the…